Robin Ellis in our Munich office discusses some of the highlights of the newly introduced SPC manufacturing waiver.
Insights: Biotechnology & Pharmaceuticals
The referral to the Enlarged Board of Appeal relating to plants obtained by means of an essentially biological process.
We explore the reasoning behind the use of animal models, the acknowledged limitations of animal data for predicting treatment effects in humans and the approach taken by the EPO in assessing whether such data can be used to demonstrate a medical use invention.
Second medical use claims are designed to protect substances or compositions for use in new medical treatments. Numerous decisions of the Technical Boards of Appeal of the EPO have confirmed that second medical use claims cannot be used to protect medical devices. However, as is so often the case in patent law, scientific advancements are beginning to blur the technical difference on which the legal distinction between medical devices and substances is based.
In previous articles we considered the increasing significance of plausibility at the EPO, particularly when assessing inventive step and sufficiency.
This English high court decision relates to the question of infringement of a US patent. At first sight this may seem a little odd – why is an English court deciding on a matter of US patent infringement?
Is there a high chance of US and UK courts grappling with medicinal cannabis patents?The US and UK patent offices have granted a number of patents relating to the therapeutic use of cannabis derived products.
The CJEU ruled that organisms obtained by mutagenesis are genetically modified organisms (GMOs) and are subject to the obligations laid down by the GMO Directive